luke V virgin

[tetley75]

Hi i have sucessfully claimed against my banks, so i feel its now time to move onto the cards. I've got a couple of questions which i would appreciate help with.

 

1.... Do i use the exact same template letters that i used for the banks or do i have to modify them in any way?

 

2.....I assume i use the address on the virgin statement for my sar?

[Advoc8]

You modify anything relating specifically to bank accounts so it's relevant for credit cards, for example the bank prelim refers to unauthorised overdraft fees whereas a credit card prelim would refer to charges for exceeding a credit limit.

 

Not sure about Virgin SAR address.

[tetley75]

Thanks for the info my friend, i'll draft a letter tonight

[tetley75]

Hi i'm a bit confused about interest, if i've got this right you claim contractural interest at the start, but do you then claim another 8 % once you do the mcol claim.

[Cornucopia]

Hi i'm a bit confused about interest, if i've got this right you claim contractural interest at the start, but do you then claim another 8 % once you do the mcol claim.

 

Hi there, as I understand it, if you get to MCOL stage, you can put 8% in as an alternative if the Judge doesn't allow you to claim contractual. You won't get that far, I am sure....

[tetley75]

Hi there, as I understand it, if you get to MCOL stage, you can put 8% in as an alternative if the Judge doesn't allow you to claim contractual. You won't get that far, I am sure....

 

Thanks mate, so it's one or the other, not both then?

[Cornucopia]

Thanks mate, so it's one or the other, not both then?

 

Luke, I suspect you won't get to MCOL stage, the way it works is that the interest aspect is at the discretion of the Judge. They sometimes do not agree with the Contractual interest element but they will give you the 8%. At this stage, stick to your claim amount plus contractual.

 

We'll worry about the other aspect should you have to file!

 

Hope that helps and good luck!!

[tetley75]

Thanks Cornucopia for the help, will post again when i get to the next stage

[alisonmcmorrin]

Hi Luke

I have just phoned Virgin for copy statements and was told it is £2.50 per statement!!! I said I want them all sent but will pay no more than £10 for the lot. She said she couldn't send them out unless they charge £2.50. I agreed and explained I will be claiming it all back anyway.

 

What stage are you at? What address did you use?

Thanks and good luck!

Alison

[Cornucopia]

Hi Luke

I have just phoned Virgin for copy statements and was told it is £2.50 per statement!!! I said I want them all sent but will pay no more than £10 for the lot. She said she couldn't send them out unless they charge £2.50. I agreed and explained I will be claiming it all back anyway.

 

What stage are you at? What address did you use?

Thanks and good luck!

Alison

 

Hi Alison, I am wondering why you are phoning them and agreeing to pay £2.50 per statement when you could just issue a Subject Access Request with your £10.00 fee and ID? You need to know that MBNA are masters at delaying at the moment and they must have loved it if they thought they could charge you that per statement! What they are saying is utter rubbish and I would strongly advise you to issue an SAR with your £10.00 and a form of ID (ie : driving license).

 

You are far better of doing the SAR as they will have to provide you with all information relating to your account. There have been many people on here who have had statements mysteriously "missing out" charges. I wouldn't trust them not to do it.

 

Please take my advice so they don't screw you over!!

 

Regards,

 

Corn

[tetley75]

Hi alison, i couldn't agree more with Cornucopia, £10 is the max you have to pay for all the info they hold on you, don't let them take the p##s. Just follow the step by step guide, use the template letters and ask advice when needed and you'll get your money back. I personally won't communicate with any bank or credit card company over the phone in regards to this issue, i want everything in writting.

[alisonmcmorrin]

Thanks for your help guys, do they accept copy ID? Not keen to send original.

SAR being sent today.

Watch this space..........

Alison

[Cornucopia]

Thanks for your help guys, do they accept copy ID? Not keen to send original.

SAR being sent today.

Watch this space..........

Alison

 

Alison, copy ID is fine, a copy of driving licence is perfectly acceptable. Make sure they don't go taking £2.50 per statement off your account as you agreed to this. I would ring them and put a halt to that.

 

It would be a good idea to start a separate thread under your name so we don't hijack Luke's!!

 

Good luck and look forward to hearing how you get on!

 

Regards,

 

Corn:)

[standingupformyself]

sorry to but in....... I did not send copy of ID, just SAR letter and cheque for ten pounds, will that cause a problem do you think? Also, while I'm here does anyone have any idea of the timescale of receiving an acknowledgement of SAR?

[Cornucopia]

sorry to but in....... I did not send copy of ID, just SAR letter and cheque for ten pounds, will that cause a problem do you think? Also, while I'm here does anyone have any idea of the timescale of receiving an acknowledgement of SAR?

 

Hi, MBNA are employing new delaying tactics. They will wait until the 40 days is up and then send you some random statements (that will NOT have all the charges on them) and will tell you that on "this occasion" they have not treated your SAR as an SAR and will return your cheque. They will then tell you that if you want them to comply with a full SAR, can you return your payment, with ID and they will have ANOTHER 40 days to comply. This is abolute b***ocks as we all know. I would write a short letter saying the above has come to your attention and enclose a copy of your ID and, for the avoidance of doubt, the 40 days is up on X date and you expect them to reply within that time. If they do not, file an N1 on MCOL for non-compliance.

 

I hope this helps,

 

Regards,

 

Corn:)

[alisonmcmorrin]

Talk about stalling, they are going to have to pay out eventually. They are obviously hoping people will 'give up' and they will get to keep our money, I DON'T THINK SO................

[Cornucopia]

Talk about stalling, they are going to have to pay out eventually. They are obviously hoping people will 'give up' and they will get to keep our money, I DON'T THINK SO................

 

You are right Alison, there are two reasons I think, they are delaying because they are overwhelmed with claims and this way they can string it out a bit longer. It's funny how they don't require ID to send you statements, ring you up and harass you and write you rude letters! I am also beginning to think that they actually can't provide any infromation under SAR in some instances, especially where accounts have been sold to DCA's.

 

Outrageous!:o

[alisonmcmorrin]

I was thinking that, where does it state we need to send them ID to get our statements, surely through freedom of information, we don't need ID, only an account number!!

Alison

[Cornucopia]

I was thinking that, where does it state we need to send them ID to get our statements, surely through freedom of information, we don't need ID, only an account number!!

Alison

 

Hi Alison, of course you are correct, but the fact is they are waiting for the 40 days to be up before asking for ID. It is a delaying tactic, nothing else and completely unacceptable and we are all complaining about it in our mass complaints thread, however, it is what they are doing and to be honest, if you don't want to string your claim out any longer than you have to, just include the ID.

 

It has been pointed out on other threads that they don't, of course, require ID to send you bills or harass you! Very one sided!!!

[standingupformyself]

Have taken your advice. Have written to MBNA at Chester, enclosing a copy of my driving licence and reminding them of the date of the end of the 40 days. It feels like forever though !!!!

[tetley75]

I also included I.D with my SAR request, hopefully they'll have no reason to delay, however i won't hold my breath just yet.

[alisonmcmorrin]

FYI

I recevied my statements yesterday within 6 days (@ £2.50 per statement!! which I disagreed to, but am claiming back!) and there were 2 missing. I phoned them and they said if you write to them asking for a 'complete list of charges' on your account, it is FREE!!!